SF 3226

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; modifying the career offender sentencing law;
recodifying the patterned offender sentencing law; removing the sunset provision
for Blakely hearing provisions and applying these provisions to other sentencing
enhancements; amending Minnesota Statutes 2004, section 609.11, subdivision
7; Minnesota Statutes 2005 Supplement, sections 244.10, subdivisions 5, 6, 7;
609.1095, subdivision 4; 609.3455, subdivisions 4, 8, by adding a subdivision;
Laws 2005, chapter 136, article 16, sections 3; 4; 5; 6; repealing Minnesota
Statutes 2004, sections 609.108, subdivision 5; 609.109, subdivisions 1, 3;
Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4,
6, 7; 609.109, subdivisions 2, 4, 5, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is
amended to read:

Subd. 5.

Procedures in cases where state intends to seek an aggravated
departure.

(a) When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a jury of 12
members the factors in support of the state's request for an aggravated departure from
the Sentencing Guidelines new text begin or the state's request for an aggravated sentence under any
sentencing enhancement statute or the state's request for a mandatory minimum under
section 609.11 new text end as provided in paragraph (b) or (c).

(b) The district court shall allow a unitary trial and final argument to a jury regarding
both evidence in support of the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the aggravating factors:

(1) would be admissible as part of the trial on the elements of the offense; or

(2) would not result in unfair prejudice to the defendant.

The existence of each aggravating factor shall be determined by use of a special
verdict form.

Upon the request of the prosecutor, the court shall allow bifurcated argument and
jury deliberations.

(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury,
to allow for the production of evidence, argument, and deliberations on the existence of
factors in support of an aggravated departure after the return of a guilty verdict when the
evidence in support of an aggravated departure:

(1) includes evidence that is otherwise inadmissible at a trial on the elements of
the offense; and

(2) would result in unfair prejudice to the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is
amended to read:

Subd. 6.

Defendants to present evidence and argument.

In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence
and argument to the jury or factfinder regarding whether facts exist that would justify
an aggravated deleted text begin durational deleted text end departure new text begin or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11 new text end . A defendant
is not allowed to present evidence or argument to the jury or factfinder regarding facts in
support of a mitigated departure during the trial, but may present evidence and argument
in support of a mitigated departure to the judge as factfinder during a sentencing hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is
amended to read:

Subd. 7.

Waiver of jury determination.

The defendant may waive the right to a
jury determination of whether facts exist that would justify an aggravated sentence. Upon
receipt of a waiver of a jury trial on this issue, the district court shall determine beyond
a reasonable doubt whether the factors in support of the state's motion for aggravated
departure new text begin or an aggravated sentence under any sentencing enhancement statute or a
mandatory minimum sentence under section 609.11 new text end exist.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4, is
amended to read:

Subd. 4.

Increased sentence for offender who commits a sixth felony.

Whenever
a person is convicted of a felony, and the judge is imposing an executed sentence based
on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose
an aggravated durational departure from the presumptive sentence up to the statutory
maximum sentence if the factfinder determines that the offender has five or more prior
felony convictions deleted text begin and that the present offense is a felony that was committed as part
of a pattern of criminal conduct deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:

Subd. 7.

Prosecutor shall establish.

deleted text begin Whenever reasonable grounds exist to believe
that the defendant or an accomplice used a firearm or other dangerous weapon or had in
possession a firearm, at the time of commission of an offense listed in subdivision 9,
the prosecutor shall, at the time of trial or at the plea of guilty, present on the record
all evidence tending to establish that fact unless it is otherwise admitted on the record. deleted text end
The question of whether the defendant or an accomplice, at the time of commission of
an offense listed in subdivision 9, used a firearm or other dangerous weapon or had
in possession a firearm shall be determined by the deleted text begin court on the record deleted text end new text begin factfinder new text end at the
time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the
record of the trial or the plea of guilty. The deleted text begin court deleted text end new text begin factfinder new text end shall new text begin also new text end determine deleted text begin on the
record at the time of sentencing deleted text end whether the defendant has deleted text begin been convicted of a second or
subsequent deleted text end new text begin a prior conviction for an new text end offense in which the defendant or an accomplice,
at the time of commission of an offense listed in subdivision 9, used a firearm or other
dangerous weapon or had in possession a firearm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding
a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Mandatory sentence for certain engrained offenders. new text end

new text begin (a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less
than double the presumptive sentence under the sentencing guidelines and not more than
the statutory maximum, or if the statutory maximum is less than double the presumptive
sentence, for a period of time that is equal to the statutory maximum, if:
new text end

new text begin (1) the court is imposing an executed sentence on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;
new text end

new text begin (2) the factfinder determines that the offender is a danger to public safety; and
new text end

new text begin (3) the factfinder determines that the offender's criminal sexual behavior is so
engrained that the risk of reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision extending beyond the presumptive
term of imprisonment and supervised release.
new text end

new text begin (b) The factfinder shall base its determination that the offender is a danger to public
safety on any of the following factors:
new text end

new text begin (1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;
new text end

new text begin (2) the offender previously committed or attempted to commit a predatory crime
or a violation of section 609.224 or 609.2242, including:
new text end

new text begin (i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or
new text end

new text begin (ii) a violation or attempted violation of a similar law of any other state or the United
States; or
new text end

new text begin (3) the offender planned or prepared for the crime prior to its commission.
new text end

new text begin (c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4, is
amended to read:

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the new text begin factfinder determines that the new text end present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

(iii) the person was sentenced under new text begin this section or new text end section 609.108 for the previous
sex offense conviction; or

(3) the person has two prior sex offense convictions, new text begin and the factfinder determines
that new text end the prior convictions and present offense involved at least three separate victims, and:

(i) the new text begin factfinder determines that the new text end present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;

(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or

(iii) the person was sentenced under new text begin this section or new text end section 609.108 for one of the
prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person's previous or
prior sex offense convictions that are being used as the basis for the sentence are for
violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8, is
amended to read:

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this subdivision, conditional release of sex offenders is
governed by provisions relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from supervision until the offender's
conditional release term expires.

(b) The conditions of release may include successful completion of treatment and
aftercare in a program approved by the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. new text begin The commissioner shall develop a plan to pay the cost of treatment
of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender in a
treatment program. new text end Before the offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also
shall make reasonable efforts to notify the victim of the offender's crime of the terms of
the offender's conditional release. If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and order that the offender
serve all or a part of the remaining portion of the conditional release term in prison.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

Sec. 10.

Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

Sec. 11.

Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

Sec. 12.

Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin When appropriate, the revisor of statutes shall replace statutory references to
Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions
1 and 3, new text end new text begin and new text end new text begin Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4,
6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, new text end new text begin are repealed.
new text end